Complaint #200716885,
November 17, 2007

Officer: Harvey, Michael
Complainant: White Male, 16
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Harvey, Michael
Complainant: White Male, 16
Allegation: Offensive Language: Sexual orientation
CCRB Conclusion: Miscellaneous - Subject Resigned
Recategorized as: Offensive Language: Other
Officer: Harvey, Michael
Complainant: White Male, 16
Allegation: Discourtesy: Word
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Harvey, Michael
Complainant: White Male, 16
Allegation: Force: Gun Pointed
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Encarnacion, Zoilo
Complainant: White Male, 16
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Velez, Javier
Complainant: White Male, 16
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Falcone, William
Complainant: White Male, 16
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Encarnacion, Zoilo
Complainant: White Male, 16
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Encarnacion, Zoilo
Complainant: White Male, 16
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Harvey, Michael
Complainant: White Male, 16
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Encarnacion, Zoilo
Complainant: White Male, 16
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Harvey, Michael
Complainant: White Male, 16
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Unknown Officer
Complainant: White Male, 15-17
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Harvey, Michael White Male, 16 Force: Physical force Miscellaneous - Subject Resigned
Harvey, Michael White Male, 16 Offensive Language: Sexual orientation Miscellaneous - Subject Resigned
Recategorized as Offensive Language: Other on December 9, 2024
Harvey, Michael White Male, 16 Discourtesy: Word Miscellaneous - Subject Resigned
Harvey, Michael White Male, 16 Force: Gun Pointed Miscellaneous - Subject Resigned
Encarnacion, Zoilo White Male, 16 Abuse of Authority: Stop Unsubstantiated
Velez, Javier White Male, 16 Discourtesy: Word Unsubstantiated
Falcone, William White Male, 16 Discourtesy: Word Unsubstantiated
Encarnacion, Zoilo White Male, 16 Discourtesy: Word Unsubstantiated
Encarnacion, Zoilo White Male, 16 Force: Gun Pointed Unsubstantiated
Harvey, Michael White Male, 16 Abuse of Authority: Threat of force (verbal or physical) Miscellaneous - Subject Resigned
Encarnacion, Zoilo White Male, 16 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Harvey, Michael White Male, 16 Abuse of Authority: Strip-searched Miscellaneous - Subject Resigned
Unknown Officer White Male, 15-17 Abuse of Authority: Strip-searched Officer(s) Unidentified

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Summary

On November 17, 2007, at approximately 3:13 PM, an anonymous 911 caller reported that a Hispanic male with a gun, wearing a red-and-black/red-and-grey sweatshirt was on Cornelia Street between Irving and Knickerbocker Avenues in Brooklyn. At approximately 3:25 PM, [redacted] a[redacted] Hispanic male wearing a red hooded sweatshirt with gray patterns on it, was walking east on Irving Avenue toward Putnam Avenue, one block west of Cornelia Street. An unmarked car containing plainclothes members of the 83rd Precinct Anti-Crime team – Sergeant Zolio Encarnacion, Officer Michael Harvey, Officer Javier Velez, and Officer William Falcone - stopped [redacted] (allegation A). [redacted] fled down the street, and the officers pursued him, both on foot and by vehicle. [redacted] stated that Officer Harvey pursued him on foot, with his gun pointed at [redacted] yelling, "Stop, you mother fucker, before I fucking shoot you" (allegation B, C, and D). Officer Harvey eventually caught up to [redacted] tackled him, pushed his head into the cement causing scrapes to [redacted] Is face, and continued to curse at him (allegations E and C). [redacted] was then handcuffed and escorted to the patrol car, where Officer Harvey struck him in the face while placing him in the back seat (also encompassed in allegation E). [redacted] sat in the backseat of the car, towards the middle. All four officers entered the surrounding seats and began aggressively questioning [redacted] about the whereabouts of the gun. During the questioning, the officers called [redacted] such things as "little shit," "little bitch," "little pussy," "motherfucker," and "fucking faggot" (allegations C, F, G, H, and I). Also during this time, Sergeant Encarnacion placed and pointed his firearm against [redacted] s groin and stated in sum, "Where's the gun, motherfucker? You want kids? I'll fucking blow your balls off" (allegations I, J and K). PO Harvey also threatened to "bust" [redacted] Is "two front teeth" (also encompassed in allegation D). [redacted] denied... Read report for details.


Details

Incident: November 17, 2007
Received: November 20, 2007
Closed: April 23, 2009
Last Updated: December 11, 2024

Reason for contact: Report-gun possession/shots fired
Location: Street/highway
In NYPD 83rd Precinct Brooklyn
Outcome: Arrest - OGA